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.
In 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.