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Pointing the Finger — Apportioning Fault in Georgia Motor Vehicle Accidents

The are many types of motor vehicle accidents, as well as many different causes. After an accident occurs, if the parties cannot come to an agreement on who is responsible, it is left up to a jury to determine who was at fault in causing the accident, who is entitled to receive compensation for their injuries, and how much each party should receive. While some accidents do not present much difficulty to the courts in determining who was at fault, at other times, the process can be quite complex. This is especially the case when there are multiple vehicles involved, or when the fault is shared among all parties.

School BusIn situations in which each motorist may be partially at fault for the accident, Georgia courts use the rule of “modified comparative fault” to determine who is entitled to recover and which damages they should receive. Under the doctrine, any party who is less than 50% at fault for the accident can seek compensation from the other parties involved. However, if they are successful, their damages award will be reduced by their own percentage of fault.

For example, if a motorist is involved in an accident with another driver and is determined to have incurred $500,000 in damages, but he is also determined to be 10% at fault for the accident, he will receive $450,000 instead of the total $500,000.

Georgia Bus Accident Claims Two Lives

Earlier this month, a tragic accident between a school bus and another vehicle resulted in the death of two Georgia teens. According to a local news report, the accident occurred on Highway 92 in Roswell.

Evidently, the school bus driver ran a stop sign as he crossed the highway. Before the bus could clear the intersection, another vehicle T-boned the school bus. The driver of the bus was cited for running the stop sign and arrested on charges of second-degree vehicular homicide. Both teens in the car were pronounced dead at the scene of the accident.

Authorities arrived on the scene shortly after the accident and began an investigation. Through the investigation, it was discovered that the driver of the other vehicle was likely traveling at approximately 60 miles per hour and may have been texting at the time of the accident. The speed limit was 45 miles per hour. The investigation is ongoing but these preliminary findings could support a jury verdict for the wrongful death of the teen who was driving and that verdict may be reduced by the fault apportioned to him.

Have You Been Injured in a Georgia Car Accident?

If you or a loved one has recently been injured in a Georgia motor vehicle accident, you may be entitled to monetary compensation. The skilled attorneys at the Georgia personal injury law firm of McAleer Law have decades of combined experience assisting Georgia victims with seeking fair compensation for their injuries. We are experienced in fighting stubborn insurance adjusters and have a network of qualified expert witnesses. For more information, and to discuss your case with a dedicated personal injury attorney, call 404-622-5337 to schedule your free consultation today. Calling is free, and we will not bill you for our services unless we are able to help you obtain the compensation you deserve.

See More Posts:

The Importance of Properly Serving All Defendants in a Georgia Personal Injury Lawsuit, Georgia Injury Attorney Blog, May 11, 2017.

Georgia Appellate Court Puts Plaintiffs’ Case in Free Fall, Georgia Injury Attorney Blog, April 24, 2017.