Chattanooga Personal Injury Attorneys

Georgia Fault Laws For Car Accidents

Georgia Fault Laws For Car Accidents

Following an car crash in Georgia, you may be wondering if you are entitled to compensation even though you were partially at fault for the accident. Fault laws vary widely from state to state, and we will discuss Georgia’s car accident laws in detail in this article.

At Dennis and King, our experienced car accident team has helped countless injury victims obtain the compensation they deserve in a timely manner. We will review your case to determine the most appropriate legal strategy and ensure that you fully understand your rights and options before moving forward.

Don’t assume that being partially at fault for an accident means you are not entitled to recover compensation. Contact Dennis and King today for a free and confidential consultation about your case.

Is Georgia a No-Fault State?

If you have been injured in a car accident in Georgia, it’s a good idea to familiarize yourself with the laws and how they will impact your ability to obtain compensation for injuries, or damage to your vehicle. When it comes to car accidents, states can follow no-fault or at-fault laws.

If you are injured in a no-fault state, all involved parties will need to file a claim with their own insurance, regardless of who caused the accident. After a crash in an at-fault state, on the other hand, police will assign fault to one or more parties, and only the at-fault party or parties will need to file a claim with their insurance. Georgia is an at-fault state.

As an at-fault state, Georgia allows car accident injury victims to recover compensation if the other party or parties were mostly at fault. The at-fault driver’s insurance policy will have a coverage limit on liability, however, which could be as low as $25,000.

If your damages are greater than the at-fault party’s insurance coverage limit, what do you do? This is where it is absolutely critical to have an experienced Georgia car accident attorney by your side. Depending on the circumstances of your case, you may be able to:

  • File a claim against your own underinsured motorist or uninsured motorist (UM) insurance;
  • Sue the at-fault driver’s employer if the vehicle was a commercial vehicle; or
  • Sue the at-fault driver.

Keep in mind, however, that suing an at-fault driver who failed to carry liability coverage or carried the state minimum, may be fruitless as they likely have very limited financial resources. An experienced GA at-fault lawyer can help you determine how to proceed.

Understanding Georgia’s Comparative Fault Laws

As a modified comparative fault state, Georgia courts must apply the modified comparative fault rule to any car accidents in which two or more parties are at fault.

Following a car accident, Georgia law allows you to file a claim against the party or parties that were more at fault than you, even if you were partially at fault. However, the amount of compensation you can recover will be reduced by your percentage of fault.

For example, if your total damages are $50,000 and you were found to be 20 percent at fault for the accident, your total damage award will be reduced by that 20 percent (in this case, $10,000), and you will receive the remaining $40,000.

Even if only one driver is believed to be at fault, the other driver’s insurance company may try to argue that the claimant was also at fault, and demand that their policy holder’s liability be reduced by the claimant’s percentage of fault. Unfortunately, there is no method to apportion fault exactly, so how such a scenario will play out with the insurance company is largely dependent on your (or your attorney’s) ability to negotiate.

Remember, the modified comparative fault rule allows a claimant who was partially responsible for the accident to recover compensation only if the claimant bore less responsibility for the accident than the other party or parties. If you are partially at fault for an accident, it is in your best interest to hire an experienced motor vehicle accident attorney. These cases are highly complex, and having a good car accident lawyer by your side is critical to a favorable outcome.

How an At-Fault Accident Lawyer Can Help

Following any type of injury car accident, legal counsel from an experienced at-fault car accident lawyer can make all the difference in the world. It is virtually impossible to know if you were at fault, or how much responsibility you share with the other party, after an accident. This is why it is crucial to avoid admitting fault or discussing the accident with anyone until you’ve spoken with your attorney.

A car accident attorney will evaluate your case, determine fault, gather evidence to support your claim, and negotiate with the insurance company. Your lawyer can also ensure that you file your claim for injury compensation within the two-year statute of limitations, and that you are able to obtain the maximum compensation available to you. Insurance companies are notorious for low-balling initial settlement offers, especially to claimants with no legal representation. Don’t make that mistake.

If you or a loved one has been injured in a car accident due to the negligence of another, you may be entitled to receive compensation for:

  • Medical expenses, current and future;
  • Lost income, current and future;
  • Disability;
  • Vehicle repair bills;
  • Alternate transportation costs;
  • Emotional pain and suffering; and
  • Wrongful death.

If you lost a loved one in a car accident, you may be able to file a claim for wrongful death. In Georgia, a wrongful death claim can be filed by the surviving spouse. If there is no spouse, any surviving children can file, and if there are no children, surviving parents can file. When there is no surviving spouse, children, or parents, a wrongful death claim can be filed by the estate of the deceased. As with most personal injury claims in GA, the statute of limitations on filing a wrongful death claim is two years.

Contact a GA Car Accident Attorney

If you have been injured due to the reckless or negligent actions of another, the skilled legal team at Dennis and King can help. We have protected the rights of countless accident and injury victims in Georgia, and we have an impressive track record of obtaining substantial compensation for our clients in a timely manner. Even if you were partially at fault for an accident, you may be able to recover damages for medical expenses, vehicle repair bills, lost income, and emotional pain and suffering. Don’t go through this difficult time without legal help. Contact Dennis and King today for a free and confidential consultation about your case.

By |2022-03-14T20:13:45-04:00October 13th, 2021|Accidents, General Info|0 Comments
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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Russell King have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis and King. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Russell King are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis and King Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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Bicycle Accidents

The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis and King are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis and King excel in handling these complex cases, tirelessly pursuing justice for our clients.

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Free Strategy Session

During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.