Key Takeaways:
- Georgia follows a modified comparative fault system.
- You can still recover damages even if you were partially at fault—as long as you were less than 50% responsible.
- Your compensation is reduced by your percentage of fault.
- Insurance companies often use this rule to reduce payouts—having legal support can protect your rights.
- Hines Law fights for maximum compensation, even in shared-fault cases.
If You’ve Been in a Car Accident in Georgia… Fault Matters—But It’s Not Always Final
In the aftermath of a car crash, most people ask the same question: “Who was at fault?” It’s a crucial question—but in Georgia, the answer isn’t always black and white. Thanks to the state’s modified comparative fault rule, fault can be shared between multiple parties.
That means you can still recover compensation even if you were partially to blame—as long as your share of the fault is less than 50%.
Let’s break down how this works and how Hines Law can help if you’re facing a complicated case.
What Is Georgia’s Modified Comparative Fault Rule?
Georgia’s legal system recognizes that accidents are rarely 100% one person’s fault.
That’s why the state uses a rule called modified comparative fault.
Under this rule:
- You can recover damages if you are less than 50% at fault.
- Your compensation will be reduced by the percentage of fault assigned to you.
Let’s look at an example.
Example Scenario
Imagine you were rear-ended at a red light but didn’t have functioning brake lights.
The court finds:
- The other driver was 80% at fault (for not stopping).
- You were 20% at fault (for having faulty brake lights).
If your total damages were $100,000, you could still recover $80,000—because you were only 20% at fault.
But if you were found 51% at fault… you’d get nothing under Georgia law.
How Is Fault Determined After an Accident?
Insurance adjusters, police reports, photos, videos, and witness statements are all part of the process. But here’s the catch: insurance companies have a strong incentive to shift blame onto you—even unfairly.
They may try to argue you were speeding, distracted, or contributed to the crash in some way. Why? Because if they can show you were even just over 50% at fault, they don’t have to pay anything.
This is why having an experienced legal team matters.
How Hines Law Protects You in Shared Fault Cases
At Hines Law, we know how insurance companies work—and we know how to fight back.
Here’s what we do:
- Investigate the scene with expert accident reconstruction if needed.
- Challenge unfair fault determinations made by insurers.
- Negotiate aggressively to get your fault percentage lowered, increasing your compensation.
- Speak your language—our bilingual team supports Spanish-speaking clients with clarity and compassion.
We’ve recovered millions for clients, even in cases where they were initially blamed.
Common Questions About Comparative Fault
Can I recover damages if both drivers were speeding?
Yes—if you were found to be less than 50% at fault.
What if I wasn’t wearing a seatbelt?
This could affect your compensation, but it doesn’t automatically disqualify your claim. Let us evaluate the impact.
How do I know what percentage of fault I’ll be assigned?
It’s case-specific. Police reports, witness statements, and attorney-led investigations all play a role.
Don’t Let Shared Fault Stop You From Seeking Justice
Many clients come to us saying, “I thought I couldn’t file a claim because I might’ve been partly at fault.”
That’s not true—and we’re here to correct that misconception.
If you were in an accident in Atlanta, Marietta, Dalton, Gainesville, Austell, or Jonesboro, don’t wait. The sooner you act, the better we can preserve evidence and fight for what you deserve.
Let Hines Law Help You Today
We’re here 24/7 and offer free consultations. Our bilingual team is ready to help you understand your rights, walk you through your case, and pursue the full compensation you’re owed.
- No fee unless we win.
- Call now or send us a message on WhatsApp.
- Offices across metro Atlanta and North Georgia.
- Visit us at HinesLaw.org
FAQ – Quick Answers
Can I still get compensation if I was partly at fault?
Yes, as long as you’re less than 50% at fault.
How is fault determined?
Through police reports, witness testimony, evidence, and legal arguments.
Will it cost me to talk to a lawyer?
No—your consultation is free, and you pay nothing unless we win.
Do you have attorneys who speak Spanish?
¡Sí! Nuestro equipo habla español y está listo para ayudarte.