When you’ve been injured in an accident, determining who was at fault is one of the most important factors in your case. But what happens if both parties share some of the blame?
Under Georgia’s comparative fault law, the amount of compensation you can receive may be reduced if you are found partially responsible for your own injuries. Understanding how this rule works — and how to navigate it strategically — can make a major difference in the outcome of your claim. At Burnside Law Firm LLP, with offices in Augusta and Athens, our attorneys draw on more than 50 years of combined experience in Georgia personal injury law to help clients protect their rights, minimize liability, and pursue full and fair compensation.
What Is Georgia’s Comparative Fault Rule?
Georgia follows a modified comparative fault system, outlined in O.C.G.A. § 51-12-33. This means:
- You can still recover damages if you are less than 50% at fault for the accident.
- Your compensation will be reduced by your percentage of fault.
- If you are 50% or more responsible, you are barred from recovering any damages.
In simpler terms, Georgia law recognizes that accidents often have more than one contributing factor — but it also ensures that each party is held accountable for their share of responsibility.
How Comparative Fault Works in Real Cases
Here’s how Georgia’s comparative fault rule might play out in practice:
- Example 1: Car Accident on I-20 in Augusta
Suppose a driver is rear-ended on I-20, but evidence shows they were also texting at the time of the crash. The jury decides the injured driver is 20% at fault and the other driver 80% at fault.
If total damages are $100,000, the injured driver’s recovery would be reduced by 20%, resulting in $80,000 in compensation.
- Example 2: Slip-and-Fall in a Martinez Store
A customer slips on a wet floor at a grocery store that failed to post warning signs. However, the customer was running and not watching where they were going. The jury finds the customer 40% responsible and the store 60% responsible.
If total damages were $50,000, the injured customer would receive $30,000 after fault is applied. - Example 3: Workplace Vehicle Collision
A delivery driver in Evans is hit by another vehicle but wasn’t wearing a seatbelt. The other driver is 70% at fault, and the delivery driver is 30% at fault.
If damages total $200,000, the injured worker’s award would be $140,000 after reduction.
These examples show why it’s so important to work with an experienced attorney who can gather evidence, present clear arguments, and challenge unfair fault assessments.
Proving and Disputing Fault in Georgia Personal Injury Cases
Insurance companies often try to shift blame to reduce payouts. Their goal is simple — if they can prove you’re 50% or more responsible, they owe you nothing.
At Burnside Law Firm LLP, our attorneys take an aggressive approach to countering these tactics by:
- Investigating every detail of the accident — reviewing police reports, photos, and witness statements.
- Working with expert witnesses, such as accident reconstruction specialists and medical professionals.
- Reconstructing timelines to show how the other party’s negligence directly caused your injuries.
- Negotiating firmly with insurance adjusters who attempt to inflate your share of responsibility.
We understand how Georgia juries evaluate evidence and know how to frame arguments that highlight the true cause of your injuries, not distractions raised by the defense.
Why Comparative Fault Makes Acting Quickly Essential
Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-33) adds another layer of urgency to these cases. The longer you wait, the harder it becomes to collect the evidence needed to prove the other party’s fault.
Local data from the Georgia Governor’s Office of Highway Safety shows that nearly 70% of crashes in Richmond County involve some degree of driver negligence — often with both drivers contributing in small ways. Quick action helps preserve key details like skid marks, surveillance footage, and witness recollections that can significantly influence how fault is assigned.
Why Burnside Law Firm LLP Is Trusted for Complex Injury Cases
Comparative fault cases require precision, preparation, and persuasive advocacy — qualities that have defined Burnside Law Firm LLP for decades.
Proven Legal Leadership
- Thomas R. Burnside III has served on the State Bar of Georgia Board of Governors and the State Disciplinary Board, shaping ethical practice standards statewide.
- Garon Muller, a Super Lawyers honoree and Leadership Augusta graduate, is known for his strategic litigation skills and dedication to clients throughout the Augusta area.
- Robert MacGregor, licensed in both Georgia and South Carolina, brings trial-tested insight from his years as a public defender in the Augusta Judicial Circuit.
- Ashton Revollo, an Emory Law graduate and participant in the Georgia Trial Lawyers Association LEAD Program, advocates for clients across the Aiken–Augusta region with compassion and precision.
Recognized Excellence
Our firm’s attorneys have been honored by:
- Best Lawyers in America
- Super Lawyers
- Georgia Trend’s Legal Elite
- The National Trial Lawyers: Top 100 Trial Lawyers
- Martindale-Hubbell AV Preeminent Rating
Strategic Advantage for Augusta Clients
With offices in Augusta and Athens and a deep understanding of local courts — including the Richmond County State and Superior Courts — our team combines regional insight with statewide reach. From I-20 traffic collisions to downtown slip-and-falls, we’ve successfully handled cases where fault was disputed or shared, ensuring clients receive the maximum compensation allowed under Georgia law.
Frequently Asked Questions About Comparative Fault in Georgia
Q: Can I still recover damages if I’m partially at fault?
A: Yes. As long as you are less than 50% at fault, you can recover damages — but your award will be reduced by your percentage of fault.
Q: Who decides what percentage of fault I share?
A: Fault is determined by a jury, judge, or insurance adjuster, depending on how far your case progresses. Your attorney’s evidence and arguments heavily influence that decision.
Q: What if the insurance company says I was mostly at fault?
A: Don’t accept their assessment without legal guidance. Insurers often exaggerate fault to minimize payouts — a skilled attorney can challenge their findings.
Q: Does comparative fault apply to all personal injury cases?
A: Yes. It applies to car accidents, slip-and-falls, product liability, medical malpractice, and other negligence-based claims in Georgia.
Q: How can Burnside Law Firm LLP help minimize my fault percentage?
A: We gather detailed evidence, consult experts, and present clear arguments showing that the other party’s actions were the primary cause of your injuries — helping you secure the largest possible recovery.
Takeaway: Even Partial Fault Doesn’t Mean You Lose Your Case
In Georgia, being partially at fault doesn’t automatically end your right to compensation — but it does make strong legal representation essential.
At Burnside Law Firm LLP, our attorneys know how to counter insurance strategies, prove negligence, and ensure your side of the story is heard. Whether your case involves a car accident in Augusta, a slip-and-fall in Evans, or a workplace injury in Martinez, we’ll fight to protect your rights and maximize your recovery. Serving Augusta, Athens, Evans, Martinez, and surrounding Georgia communities — Burnside Law Firm LLP is here to help you navigate Georgia’s comparative fault system and pursue the compensation you deserve.
Posted on behalf of
