What Happens if the Other Driver Claims You’re Partially at Fault?

Home » Blog » What Happens if the Other Driver Claims You’re Partially at Fault?

It’s not always easy to determine who is at fault in a car accident. Even if the other driver is primarily responsible, there’s always the chance that you contribute to the crash. Your Georgia car accident attorney understands this. It’s very rare that one driver is determined to be 100% at fault. You want to keep this in mind when you meet with your attorney. If you were partially at fault, admit it. You don’t want them to be blindsided by the other party down the road.

Nobody Ever Wants to Admit They Were Responsible for a Car Accident

Typically, within minutes of a car crash, the drivers are out of their cars pointing fingers at each other. It’s not in our nature to admit that we’re wrong. Very few people like to do that. It’s the same way when you’re involved in a car accident. Both drivers are going to insist the other one was at fault. That’s why it’s a good idea to be the first one to file a claim. You don’t want to wait too long to talk to a Georgia car accident attorney. You should call within a day or two of your crash.

Your Georgia Car Accident Attorney Will Fight Back

If the defendant claims that you were partially at fault for the crash, your attorney isn’t going to just lay down. They’re going to dispute this claim. They’re going to see what the defendant has to say and then submit evidence to prove that they’re wrong. Of course, it may be the case that you were partially at fault. If that’s the case, then your attorney will have to be flexible. They’ll discuss how this can affect your lawsuit. They’ll also try to negotiate a settlement that is fair for all parties.

Georgia Follows a Comparative Negligence Rule So You Can Still Collect Damages

There are times when a plaintiff and defendant go back and forth filing a bunch of motions claiming the other party is at fault. While that may happen every now and then, it’s not all that common with car accident lawsuits. It’s usually clear which party is more at fault. You can also bet the insurance companies are going to do their own investigation to see who was at fault. The good news is that, in Georgia, it doesn’t really matter if you’re partially at fault. This is because they follow the comparative negligence rule. Your lawsuit isn’t going to be dismissed as long as you’re less than 50% at fault.

The rule is pretty simple. Your damages are going to be reduced by your percentage of fault. Consider that your claim is for $500,000. The court finds that you’re 20% at fault. This means that your claim is going to be reduced by 20%, or $100,000. Instead of getting the whole $500,000, you’ll be getting $400,000. Your Georgia car accident attorney will keep this in mind when they’re negotiating your settlement. It’s important that you do the same thing. If the settlement offer is a bit lower than you’d like, it could be because you were partially at fault.

Contact an Experienced Georgia Car Accident Attorney

If you’re hurt in any sort of car accident, you shouldn’t have to worry about fighting with the insurance company. A lot of insurance adjusters don’t return your calls. They ignore your emails. That’s because they’re busy talking to people who have Georgia car accident attorneys handling their claims. Like it or not, they take these cases more seriously. That’s because they know that, if the claim isn’t settled, the lawyer’s going to tell their client to sue.

There’s no reason why you shouldn’t take advantage of an attorney as well. They can deal with the insurance adjuster for you. If need be, they’ll file a car accident lawsuit on your behalf. You can also trust that they have your best interests at heart. They’re not going to accept a low settlement just so they can mark your case as closed. They’re not going to let your case get stale. They’ll work hard to make sure you get the compensation you deserve.

All you have to do is call our office and schedule your free, initial consultation with a Georgia car accident attorney. Sit down with someone who can answer all your questions. They can also give you an idea of what your case may be worth. The consultation is free, and you don’t pay a dime until your case is resolved.

Let's get started with your FREE consultation.

    From The News Archive